Hi, thank you for your follow up and I hope you are enjoying your weekend.
Generally, this is how it works: They continue to pay your lost wage if you are unable to work until they feel you have reached Maximum Medical Improvement. At that point, they stop paying you wages and if you remain unable to return to work, you will want to make a claim for your permanent disability
- which can typically be partial or total. It may be partial in that you can still work, just not at your old profession, or it could be total in that you can't work a full day anywhere, in any capacity. I highly recommend you consult with or hire a WC attorney unless you are very well-versed in the charts used to determine which body parts remain disabled, what %'s are applied, and how much cash each one is worth. It is a bit mechanical. But it tends to be that the WC carrier will say you are only suffering a 10% loss of use of back (for instance), while you feel you suffer loss of use of it far more than that. You will need doctors who can describe in WC lingo their findings as to why they believe you are X amount, an amount way higher than 10%. And this can go on for other WC related impairments (i.e. neck, shoulder, mental health, etc.). You will also want to make sure that there is or is not a 3rd party who actually caused your injury that you can sue under "personal injury". If there is no 3rd party implicated (and you likely won't know that one way or another unless you have taken a few WC law classes), then you are stuck with WC remedies only - which are quite devastatingly low for the fully disabled (as opposed to the worker that needed stiches and nothing else). WC remedies do not include your pain, suffering, loss of recreational activities, if any, you used to do, not do they cover your full lost wages. However, a 3rd party PI suit DOES cover those losses - you can't sue your employer for them (double edged sword of the WC law), but you CAN sue a negligent party that is neither your employer or your co-worker, if he caused your injury. For instance, had the hospital hired an outsourced company to provide protection when a patient was dangerous, and if so, did that guard go on an unapproved break when he should have been guarding? Was he (and therefore HIS employer) negligent? Resulting in your injury? That could be a 3rd party in a PI suit. Or, if the doctor was outsourced, who failed to diagnose him as dangerous, possibly a 3rd party (but not a doctor that was an employee of the hospital, typically).
In any event, you generally want to get onto the perm. disability aspect asap because those long term matters can take years. Also, if you are unable to work FT even in a simple sedentary job, due to pain issues or other, you may be eligible for Social Security Disability as well - another often lengthy battle, but like WC, most attorneys work without any retainer, so all can get a lawyer if they need one. You may also have long term disability
policy with your employer as a benefit, so check that out as well.
I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.